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Does a woman who was divorced, inherit from the estate of her recently deceased husband?

 

Nasihah (Advice): Signs of the End Time

 

Sayyiduna Abu Hurairah Radhiyallahu Anhu reports that Rasulullah Sallallahu Alayhi Wasallam said, “By the One in whose hand is my soul, this world will not end until a man will pass by a grave, and will roll on it and say: ‘If only I were in the place of the occupant of this grave!’ And the reason for that will not be any religious motive, rather it will be because of calamities.” (Sahih Muslim)

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Question and Answer:

 

  1. My husband passed away one week after he had issued me with a divorce. He was healthy and fit when he issued me with the divorce. Am I entitled to inherit from his estate?

 

  1. In the case of a husband issuing divorce to his wife whilst being in a healthy state prior to his death, the following applies:

 

1) If a husband issues a revocable divorce (Talaaq-e-Rajee’) and the husband thereafter passes away during the waiting period (Iddah), the wife is entitled to inherit the wife’s share from the husband’s estate. If the husband passes away after the Iddah period elapses, the wife is not entitled to inherit from the husband’s estate.

 

2) If a husband issues an irrevocable divorce (Talaaq-e-Baain) or if a husband had issued three Talaaqs to his wife in total and the husband passes away, irrespective of wether the waiting period of the wife terminates or not, the wife is not entitled to inherit from the husband’s estate. (Badaai-us-Sanaai’ 3/218)

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

 

Confirmation:

Mufti Ebrahim Desai

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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